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Beaver v. Dippert

United States District Court, N.D. New York

September 6, 2017

HORACE BEAVER, JR., Plaintiff,
v.
DR. DIPPERT, et al., Defendants.

          JUDGMENT IN A CIVIL CASE

          XX DECISION by COURT. This action came to trial or hearing before the Court. The issues have been tried and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED, that the Clerk of the Court shall amend the docket report in accordance with the Order; and it is further ORDERED that Plaintiffs claims are DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. The Clerk is directed to close this case, all in accordance with the Decision and Order of the Honorable Mae A. D'Agostino, U.S. District Judge, dated September 6, 2017.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

         (B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:

         (i) the United States;

         (ii) a United States agency;

         (iii) a United States officer or employee sued in an official capacity; or

         (iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf - including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person.

         (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a).

         (2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision or order-but before the entry of the judgment or order-is treated as filed on the date of and after the entry.

         (3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time ...


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